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Page last updated at 14:29 GMT, Tuesday, 14 October 2008 15:29 UK

Rhys witness 'saw hooded gunman'

Rhys Jones
Rhys Jones was shot in the neck as he crossed a car park

A 14-year-old boy saw a hooded gunman just moments before schoolboy Rhys Jones was shot dead, a court has heard.

The teenager was sitting with a friend in a tree behind the Fir Tree pub in Croxteth, Liverpool, when 11-year-old Rhys was shot in August 2007.

Liverpool Crown Court was played a taped interview with the witness, who described seeing a teenager ride past him "really fast" on a bike.

Sean Mercer, 18, of Good Shepherd Close, Croxteth, denies murder.

The witness said: "I saw a lad aged about 13 or 14 riding past really fast on a black BMX bike.

"He had a black tracksuit on and a black hoodie on.


I could see Rhys on the floor and everybody was saying 'don't look, don't look'

Prosecution witness, aged 14

"He went around the side of the pub and about three seconds after we lost sight of him we heard the shots."

He added: "A few seconds after that, he came back riding very quickly.

"He was trying to put something in his pocket and wobbled his bike and went on to the grass.

"My friend jumped off the tree and everybody was shouting to go in the pub."

Rhys was killed as he crossed the front car park of the pub on his way home from football training.

Football friends

The prosecution allege Mr Mercer fired three shots across the car park, aimed at members of a rival gang.

The second bullet, the jury has been told, struck Rhys in the neck and he died in his mother's arms a short time later.

The young witness, who cannot be named, said he knew Rhys as they played in the same junior football league and often spoke after their teams had played each other.

Eighteen-year-old Sean Mercer denies killing Rhys Jones

He described in detail the "shiny" black tracksuit and trainers the alleged gunman was wearing as well as the woollen hoodie which came out from under the jacket.

He said the sound of the three gunshots was "high pitched" and said he initially thought it was a cap gun.

He told the police interviewing officer that he then ran with his friend to the front of the pub and saw Rhys on the ground.

He said: "I could see Rhys on the floor and everybody was saying 'don't look, don't look'.

"He was on the floor and his head was on the kerb.

"All the people were screaming 'he's been shot'."

More charges

The witness, who was 13 at the time of the shooting, said he did not realise the boy was Rhys at that time.

He had mistaken Rhys's shinpads for those of another friend.

He said that when they saw Rhys on the ground his friend began to cry and said: "No, no, no."

Statements were also read to the court by Neil Flewitt QC, prosecuting, from other people at the scene of the shooting.

Sharon Lynch, 48, was sitting outside the Fir Tree pub near the car park on the evening Rhys was shot.

He held both his arms out very straight. In both hands he held the gun
Aimee Boylan, witness

She said she saw a young boy on the floor and went over to him.

Ms Lynch said she put Rhys in the recovery position and spotted a wound on his neck which she described as looking like a "teardrop".

Aimee Boylan, 26, who was with Ms Lynch, said she spotted a teenage boy with a gun just after the shots were fired.

She said: "I initially screamed at the time I heard the loud bang. The male looked at me for around one second then he turned away.

"He held both his arms out very straight. In both hands he held the gun.

"I looked to see a small boy was on the floor."

Six others face charges alongside Mr Mercer.

James Yates, 20, of Dodman Road, Croxteth; Gary Kays, 25, of Mallard Close, and Melvin Coy, 24, of Abbeyfield Drive, both West Derby, Liverpool, are all accused of assisting an offender along with two boys aged 16 and 17, who cannot be identified.

A second 17-year-old boy has been charged with assisting an offender and possessing a firearm and ammunition.

All deny the charges.

The trial continues.



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SEE ALSO
Rhys trial told of suspect threat
13 Oct 08 |  Merseyside
Rhys accused 'admitted shooting'
10 Oct 08 |  Merseyside
Rhys accused's DNA 'was on bike'
10 Oct 08 |  Merseyside
Shot Rhys 'was innocent victim'
09 Oct 08 |  Merseyside

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